THE VILLAGE OF MOUNT PROSPECTLANDLORD - TENANT RIGHTS SUMMARY
WHAT IS THE PURPOSE OF THIS DOCUMENT? [Sec. 23.1801]
This document was created to clearly explain the rights and obligations of thelandlord and the tenant when renting a dwelling in the Village. It may be used asa guide to better understand Article XVIII, Residential Landlord and TenantRegulations of the Village Code. For specific information, please consult ArticleXVIII before taking action. Advice of legal council is also recommended.
WHAT UNITS ARE COVERED BY THE ORDINANCE?[Sec. 23.1802]
The rights, obligations, and remedies set forth in this document apply to rentaldwellings throughout the Village.
WHAT UNITS ARE NOT COVERED BY THE ORDINANCE?
The landlord and tenant rights ordinance applies to all rentalproperties except:1.
Residence at a public or private medical, geriatric, educational,religious, nursing or retirement institution;2.
Occupancy under a contract of sale of a dwelling unit if the occupantis the purchaser;3.
Residential care home.4.
Hotel or motel.
RENTAL AGREEMENTS [Sec. 23.1804] and [23.1814]
The landlord and tenant may include rental agreement terms and conditions otherthan those included in this document.All rental agreements between landlords and tenants must be in writing, dated andsigned by both parties. Signed copies must be presented to both parties at the timeof signing.The lease must include crime free lease provision providing the landlord withauthority to initiate eviction where the tenant, any members of the tenantshousehold, or guests shall not engage in criminal activity or permit criminalactivity on the leased premises; jeopardize the health safety and welfare of thelandlord, his agent, other tenants; or involves imminent or serious propertydamage. Examples of criminal activity are homicide; kidnapping; prostitution orkeeping a place of prostitution; child pornography or providing harmful materialto minors; bodily harm; theft; possession of explosives, deadly weapons; mobaction; disorderly conduct; gambling; possession or sale of drugs; and purchase orgifts of alcohol to persons under age 21.Rent must be payable without demand or notice at the time and place agreed uponby the parties.Unless the rental agreement otherwise, tenancy shall be week to week if thetenant pays weekly rent, and month to month if the tenant pays monthly rent.The lease must notify the tenant that the unit is subject to regular inspectionand/or investigation of complaints of violation.If a landlord fails to sign the lease, but the landlord accepts the rent, then theterms of the lease are effective.If a tenant fails to sign the lease, but the tenant pays the rent, then the terms of thelease are effective.No lease may contain any of the following terms:1.
Waiver of rights or remedies set forth in the Village Code;2.
Permission to the landlord to plead the tenant guilty in court;3.
Excuse or protect the landlord or tenant from any legal obligation orthe costs connected to that obligation.The landlord must notify you in writing that he/she intends to terminate the lease.If you are renting month-to-month, you are entitled to a 30-day written notice.Leases running year-to-year require a 60-day written notice.If the landlord fails to provide the required written notice, the lease is notterminated until the tenant has been given written notice.A landlord's right to terminate a lease is waived only if there is written proof,signed and dated by both parties, that the landlord accepted rent from a tenantwho has violated the terms of the lease.A copy of this document and the Village's occupancy requirements must be givento the tenant along with the lease.
TENANT OBLIGATIONS [Sec. 23.1805]
The tenant shall:
Comply with all obligations imposed specifically upon tenants by theMunicipal code.2.
Keep the unit safe and clean.3.
Use all equipment and facilities in a reasonable manner.4.
Not disturb other residents.5.
Allow the landlord reasonable access to the unit.6.
Sublet only under the terms of the lease and may not sublet a portionof the unit.
LANDLORD OBLIGATIONS [Sec. 23.1806]
Interest must be paid on security deposits or prepaid rent in developments of morethan 25 units and within 30 days of the end of the lease.A landlord must return all security deposits and interest minus unpaid rent and theactual cost of repairs, within 45 days from the date the tenant vacates the dwellingunit.An itemized list of the damages subtracted from the security deposits must beprovided within 30 days and delivered by certified mail or personal service.When requested, the landlord shall make a walk through inspection and tenantbefore the lease begins and again before it ends.At the start of a lease, the landlord is required to provide the tenant with thecurrent:1.
Name, address, and phone number of the owner or manager.2.
Owner or name of the person authorized to receive legal notices, andwritten complaints.If the agent fails to provide the owner information, then the agent is personallyresponsible.Landlord must tell prospective and renewing tenants, in writing, about existingcode violations.The landlord must maintain the property in compliance with all applicableprovisions of the Village code and promptly make all repairs to fulfill thisobligation.The landlord and tenant may agree that a tenant will make repairs or maintain theproperty, if it does not diminish the landlord's obligation to this or other tenants.The agreement must be in writing and signed by both parties.If the landlord sells the unit or complex, and properly notifies the tenant, thelandlord or manager is no longer liable for the terms of the lease. However, thelandlord is responsible for returning any money or property withheld as a securitydeposit or as prepaid rent.If requested, the landlord must provide a written receipt of any payment made(i.e., rent, security deposits, etc.).
APARTMENT RULES [Sec. 23.1806]
The landlord can make rules concerning the tenant's use and occupancy of theunit, if the rules:1.
Are intended for the general benefit or improvement of the unit orcomplex;2.
Are reasonably related to the purpose for which they were intended;3.
Apply to all tenants in the complex;4.
Fairly notify the tenant of what is expected of them;5.
Are not used to excuse the landlord from any obligations;6.
Are attached to the lease so that the tenant has notice of them at thetime he/she signs the lease;If a rule is altered or adopted after a tenant signs a lease it is not enforceableunless the tenant consents to it or state or federal law requires the change.
LANDLORD'S RIGHT OF ACCESS [Sec. 23.1806] and[Sec. 23.1811]
The landlord shall not abuse the right to access to the rental unit or use it to harassthe tenant. Except in cases of emergencies, the landlord must give the tenantreasonable notice before he/she may enters the unit:1.
To conduct inspections;2.
With the Village during annual license inspections or during theinvestigation of a complaint;3.
To make repairs;4.
To supply necessary services;5.
To show the unit to prospective buyers, mortgagees, tenants, or trades.If a tenant refuses to allow lawful access, the landlord may obtain an injunction toallow access or terminate the lease. The landlord may sue for possession and upto 2 months' rent and any damages the court may award.If the landlord makes an unlawful entry or lawful entry in a harassing manner, thetenant may obtain an injunction to prevent access or terminate the lease. Thetenant may sue for possession and up to 2 months' rent and any damages the courtmay award.Any person found guilty of violating this Section shall be fined not less than$200.00 and not more than $1500.00. Each day that the violation continues shallbe considered a separate offense and fined accordingly.
LANDLORD REMEDIES [Sec. 23.1807] and [Sec. 23.1811]
If all the rent is not paid after a landlord's five-day notice, the tenant can beevicted or the landlord may collect a late payment fee in the amount of five (5%)of the rental payment. If a landlord's ten-day notice to correct a lease breach isignored, the tenant can be evicted and also sued for the rest of the rent.
If thetenant violates the applicable Village codes or fails to keep the unit clean, safe, ordisturbs neighbors, or does some sort of mischief to the building, the landlord canenter the unit, fix the problem and charge the tenant. If the lease is terminated, thelandlord can take the tenant to court to recover any lost property or money.The landlord may sue for possession if:1.
A violation of code was caused by the tenant, the tenant's family orguest; or2.
The tenant is overdue on rent.If the tenant refuses to leave the unit after the lease has been terminated, thelandlord may sue for possession and up to 2 months' rent and any damages thecourt may award.
ABANDONED UNITS [Sec. 23.1807]
If the tenant is absent from the unit for 10 or more consecutive days withoutnotifying the landlord, it will be assumed that the tenant has abandoned the unit.If the tenant abandons the rental unit, the landlord may:1.
Terminate the lease and proceed in recovering lost costs in court.2.
Attempt to rent the unit at the same price that the previous tenant hadpaid. If successful, the tenant is only responsible for the rent lost whilethe unit was unoccupied. If unsuccessful, the tenant is responsible forpaying rent for the remainder of the lease. In addition the tenant isresponsible for advertising and reasonable redecorating costs.The landlord may dispose of abandoned property any way that he/she sees fit. If the items are sold, any profit from the sale should be credited to the tenant'soutstanding debt.
TENANT REMEDIES [Sec. 23.1808] and [Sec. 23.1804]
If the landlord fails to honor any of the obligations set forth in the lease or by theVillage Code, the tenant can recover any damages in a court of law. The tenantcan give the landlord notice that the lease will be broken if:1.
Through no fault of the tenant, the tenant's family, or guests thelandlord does not abide by the lease; or2.
The landlord does not provide a habitable dwelling.